THE STATE OF FLORIDA, APPELLANT,
v.
RICHARD SOLER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida's appellate court affirmed the trial court's denial of the state's motion to extend speedy trial time but reversed the downward departure sentence, holding that a sentence imposed as part of an unconsented plea bargain or based on the state's case being in jeopardy lacks lawful basis under sentencing guidelines.
A downward departure sentence imposed as part of a plea bargain to which the prosecution did not consent, or based solely on the state's case being in jeopardy, violates sentencing guidelines and lacks lawful basis.
[1] A downward departure sentence imposed pursuant to a plea bargain in which the prosecution did not participate, or based solely on the state's case being in jeopardy, lack…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“That the sentence was imposed as part of a plea bargain in which the prosecution did not participate...or, as the sentencing order states, that 'the state's case [was] in jeopardy' are both legally insufficient.”
The court explaining why the downward departure lacked lawful basis.
The defendant pleaded guilty after the prosecution's principal witness was unable to appear at trial, preventing the trial from proceeding. The trial …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Appeal cases and more on FLexlaw
SCHWARTZ, Chief Judge.
The state appeals from a downward departure sentence of “credit time served” imposed in return for a court-solicited guilty plea. The plea was taken after the prosecution’s principal witness was unable to appear at trial and it could not proceed. On the ground that there was no abuse of discretion in denying the motion to extend the speedy trial time period for exceptional circumstances, see Fla.R. Crim.P. 3.191(f), we reject the state’s first point, which claims otherwise. There was, however, no lawful basis for the downward departure from the sentencing guidelines. That the sentence was imposed as part of a plea bargain in which the prosecution did not participate, State v. Johnson, 512 So. 2d 1116 (Fla. 3d DCA 1987); State v. Davis, 464 So. 2d 195 (Fla. 3d DCA 1985), or, as the sentencing order states, that “the state’s case [was] in jeopardy” are both legally insufficient. State v. McMullen, 529 So. 2d 821 (Fla. 3d DCA 1988); see State v. Wright, 473 So. 2d 268 (Fla. 1st DCA 1985), review denied, 484 So. 2d 10 (Fla.1986); see also State v. Joiner, 498 So. 2d 1017 (Fla. 5th DCA 1986).
See generally State v. Earl, 545 So. 2d 415 (Fla. 3d DCA 1989) (court may not dismiss case because of its perception that it is unworthy of prosecution).
Since the plea was obviously proffered in return for the proposed sentence, Soler shall be given an opportunity to withdraw the plea after remand. If he does not, he shall be sentenced within the guidelines.
Affirmed in part, reversed in part and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Johnson, 512 So. 2d 1116 (Fla. 3d DCA 1987)
- State v. Wright, 473 So. 2d 268 (Fla. 1st DCA 1985)
- State v. Davis, 464 So. 2d 195 (Fla. 3d DCA 1985)
- State v. Earl, 545 So. 2d 415 (Fla. 3d DCA 1989)
- State v. McMULLEN, 529 So. 2d 821 (Fla. 3d DCA 1988)
- State v. Joiner, 498 So. 2d 1017 (Fla. 5th DCA 1986)